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Min 01/04/2000 1 Wichita Falls, Texas Memorial Auditorium Building January 4, 2000 Items 1 & 2 The City Council of the City of Wichita Falls, Texas met in regular session on the above date in the Council Room of the Memorial Auditorium Building at 8:30 o'clock a.m., with the following members present: Kay Yeager - Mayor Arthur Bea Williams - Councilors Dan Shine - James Esther, Jr. - Bill Altman - Johnny Burns - Bud Beaty - James Berzina - City Manager Greg Humbach - City Attorney Lydia Torres - City Clerk Mayor Yeager called the meeting to order. Michael Miller, Pastor, Wesley United Methodist Church gave the invocation. Item 3 Carmen Sosa, Customer Service Attendant 1, Police Department, was recognized as Employee of the Month for the month of January. Mayor presented Mrs. Sosa with a plaque, a City pin, dinners for two, transit passes, and a check. Mayor proclaimed the month of January, 2000 as "Crimestoppers Month" in Wichita Falls. Item 4 No one signed up to speak under Public Comments. Item 5 The Minutes were approved as distributed. Items 6a-6c City Manager gave a briefing on the items listed under the Consent Agenda. Moved by Councilor Altman that the consent agenda be passed Motion seconded by Councilor Shine and carried by the following vote. Ayes: Mayor Yeager, Councilors Williams, Shine, Esther, Altman, Burns, and Beaty 2 Items 6a-6c continued Nays: None Items 6a-6c Minutes of the following Board & Commission meetings were received. a. Wichita Falls-Wichita County Public Health Board — October 22, 1999 b. Board of Electrical Examiners — December 9, 1999 c. Library Advisory Board — December 14, 1999 Item 7a ORDINANCE NO. 01 -2000 ORDINANCE REZONING 3119 WINDTHORST ROAD, BLOCK 12, J.M. BLANKENSHIP SUBDIVISION FROM SINGLE FAMILY-1 TO GENERAL COMMERCIAL AND AMENDING THE LAND USE PLAN; FINDING AND DETERMINING THAT THE MEETING AT WHICH THIS ORDINANCE WAS PASSED WAS OPEN TO THE PUBLIC AS REQUIRED BY LAW Moved by Councilor Altman that Ordinance No. 01-2000 be passed. Motion seconded by Councilor Shine and carried by the following vote. Ayes: Mayor Yeager, Councilors Williams, Shine, Esther, Altman, Burns, and Beaty Nays: None Item 7b ORDINANCE NO. 02-2000 ORDINANCE REZONING 2123 BROAD STREET, LOT 15, BLOCK 8, SIBLEY TAYLOR ADDITION FROM SINGLE FAMILY-2 TO GENERAL COMMERCIAL ZONING; FINDING AND DETERMINING THAT THE MEETING AT WHICH THIS ORDINANCE WAS PASSED WAS OPEN TO THE PUBLIC AS REQUIRED BY LAW Moved by Councilor Williams that Ordinance No. 02-2000 be passed. Motion seconded by Councilor Altman and carried by the following vote. Ayes: Mayor Yeager, Councilors Williams, Shine, Esther, Altman, Burns, and Beaty Nays: None Item 7c ORDINANCE NO. 03-2000 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF WICHITA FALLS, TEXAS, AMENDING APPENDIX C OF THE WICHITA FALLS CODE OF ORDINANCES, ZONING ORDINANCE, AT SECTIONS 3470 AND 3480, BY REMOVING CERTAIN USES WITHIN THE PERMITTED USES CATEGORY AND PLACING THEM IN THE CONDITIONAL USES CATEGORY; FINDING AND DETERMINING THAT THE MEETING AT WHICH THIS ORDINANCE WAS PASSED WAS OPEN TO THE PUBLIC AS REQUIRED BY LAW Moved by Councilor Williams that Ordinance No. 03-2000 be passed. 3 Item 7c continued Motion seconded by Councilor Altman. Moved by Councilor Altman to amend the proposed ordinance to read as follows under Section 1.B. Commercial Uses: "Radio, TV transmitting tower, and any form of telecommunication transmitting tower." Motion seconded by Councilor Burns and carried by the following vote. Ayes: Mayor Yeager, Councilors Williams, Shine, Esther, Altman, Burns, and Beaty Nays: None Original motion as amended carried by the following vote. Ayes: Mayor Yeager, Councilors Williams, Shine, Esther, Altman, Burns, and Beaty Nays: None Item 7d City Manager requested that the proposed ordinance amending Section 5600 and related sections of Appendix C, Zoning Ordinance, of the Code of Ordinances regarding mobile homes and manufactured housing be tabled. Moved by Councilor Shine that proposed ordinance be tabled. Motion seconded by Councilor Beaty and carried by the following vote. Ayes: Mayor Yeager, Councilors Williams, Shine, Esther, Altman, Burns, and Beaty Nays: None Bobby Redwine, 2415 Merrimac, owner of Sunrise Mobile Park, expressed concern that mobile homes would not be able to relocate within the City. He informed that they have airmen who bring in their mobile homes from all over the country. Mr. Redwine was concerned with the end result that would affect consumer rental rates. Councilor Altman suggested that Staff contact Sheppard Air Force Base to determine what affect this will have on their personnel. Item 7e ORDINANCE NO. 04-2000 ORDINANCE DESIGNATING THE STRUCTURE AT 1000 LAMAR STREET AS A WICHITA FALLS LANDMARK; FINDING AND DETERMINING THAT THE MEETING AT WHICH THIS ORDINANCE WAS PASSED WAS OPEN TO THE PUBLIC AS REQUIRED BY LAW Moved by Councilor Beaty that Ordinance No. 04-2000 be passed. Motion seconded by Councilor Altman. Councilor Esther suggested looking into warehousing of historical items. He informed that Houston had such a warehouse. Motion carried by the following vote. Ayes: Mayor Yeager, Councilors Williams, Shine, Esther, Altman, Burns, and Beaty Nays: None 4 Item 7f ORDINANCE NO. 05-2000 ORDINANCE MAKING AN APPROPRIATION TO THE SPECIAL REVENUE FUND FOR ADDITIONAL GRANT REVENUE RECEIVED FROM THE TEXAS DEPARTMENT OF HEALTH AND AUTHORIZING THE CITY MANAGER TO EXECUTE CONTRACT ACCEPTING SAME; FINDING AND DETERMINING THAT THE MEETING AT WHICH THIS ORDINANCE WAS PASSED WAS OPEN TO THE PUBLIC AS REQUIRED BY LAW Moved by Councilor Beaty that Ordinance No. 05-2000 be passed. Motion seconded by Councilor Williams and carried by the following vote. Ayes: Mayor Yeager, Councilors Williams, Shine, Esther, Altman, Burns, and Beaty Nays: None Item 7g ORDINANCE NO. 06-2000 ORDINANCE AMENDING CHAPTER 27 — STREETS AND SIDEWALKS — OF THE CODE OF ORDINANCES RELATING TO SIDEWALK CONSTRUCTION; FIND ING AND DETERMINING THAT THE MEETING AT WHICH THIS ORDINANCE WAS PASSED WAS OPEN TO THE PUBLIC AS REQUIRED BY LAW Moved by Councilor Williams that Ordinance No.06-2000 be passed. Motion seconded by Councilor Esther. Councilor Shine expressed concern that there was no appeal process unless the involved party comes to Council and requests a waiver. He felt there should be a process where it could be placed on the agenda by the City Manager so that the citizen would not have to come to Council twice — first, to request the waiver, second, to act on the waiver. He suggested creating an appeal board. He felt that Council should have the opportunity to respond to the citizen when they first come before them. Councilor Altman felt that the proposed ordinance needed to be amended to clarify who makes the determination of whether it is possible to construct the sidewalk. Moved by Councilor Altman that Section 1(g) of the proposed ordinance be amended to read as follows: "If it is not possible as determined by the City Engineer to install sidewalks as required in the above paragraphs, a cash deposit may be escrowed with the City to guarantee such construction, to be held in perpetuity, or until the sidewalks are installed to municipal standards." Motion seconded by Councilor Burns. Councilor Shine felt that the citizens should be able to appeal to the Council. City Manager noted that the process for a waiver is there and it will be up to the Council to determine if they will approve the waiver. Charles Barr, 2100 Indian Heights, spoke against the proposed ordinance. He said that the City is requiring people to put up money on a piece of property so far out in the country that they will never see a City street out there. Mr. Barr made additional comments regarding his opposition to the proposed ordinance. It was noted that curb and gutter was tied to the platting process, and sidewalks are tied to the building permit. That is the only chance to require that this happen, and if that is not done it would then fall on all taxpayers to pay for curb and gutter instead of the individual property owner. The proposed ordinance would only allow an escrow to be set up for sidewalks, the Ordinance itself is not being amended. This is an option that does not exist in the current Ordinance. 5 Item 7g continued Councilor Shine mentioned that neither the Homebuilders Association nor any other construction people had not been notified about this. No one has had time to read it. Councilor Altman commented that the general thrust of the proposed ordinance was still valid. The City has annexed areas that were developed but platting was not done, and now we have problems. As long as it is within the ETJ, the legislature has established that area as a potential prospect for future annexation by the City, although it may be years down the road. There is still public policy reasons for the City trying to establish these ordinances that will apply to areas that in the future may well be within the City limits even though it is not going to be within the next year or two. Motion carried by the following vote. Ayes: Mayor Yeager, Councilors Williams, Shine, Esther, Altman, Burns, and Beaty Nays: None Original motion as amended carried by the following vote. Ayes: Mayor Yeager, Councilors Williams, Shine, Esther, Altman, Burns, and Beaty Nays: None Item 8a RESOLUTION NO. 01-2000 RESOLUTION TO ESTABLISH A VALUE FOR SIDEWALK ESCROW IN LIEU OF CONSTRUCTION; FINDING AND DETERMINING THAT THE MEETING AT WHICH THIS RESOLUTION WAS PASSED WAS OPEN TO THE PUBLIC AS REQUIRED BY LAW Moved by Councilor Altman that Resolution No. 01-2000 be passed. Motion seconded by Councilor Williams. Mr. Dave Clark called attention to the exemption in Section 26-29(d) of the Code of Ordinance, and stated that there are circumstances where building a house on a block that has no sidewalks can be exempted by this clause. Councilor Shine felt that the $3.00 amount was excessive. Moved by Councilor Shine that proposed ordinance be amended by setting the amount at $2.00 instead of$3.00. Motion seconded by Councilor Beaty. The proposed escrow was discussed at length. Councilor Altman called for the question. Motion carried by the following vote. Ayes: Councilors Shine, Esther, Burns, and Beaty Nays: Mayor Yeager, Councilors Williams and Altman Original motion as amended carried by the following vote. Ayes: Mayor Yeager, Councilors Williams, Shine, Esther, Altman, Burns, and Beaty Nays: None 6 Item 8b RESOLUTION NO. 02-2000 A RESOLUTION AUTHORIZING THE CITY MANAGER TO SUBMIT AN APPLICATION TO THE TEXAS PARKS & WILDLIFE DEPARTMENT FOR AN OUTREACH GRANT; FINDING AND DETERMINING THAT THE MEETING AT WHICH THIS ORDINANCE WAS PASSED WAS OPEN TO THE PUBLIC AS REQUIRED BY LAW Councilor Williams stepped out of Council Chambers. Moved by Councilor Esther that Resolution No. 02 -2000 be passed. Motion seconded by Councilor Altman and carried by the following vote. Ayes: Mayor Yeager, Councilors Shine, Esther, Altman, Burns, and Beaty Nays: None Item 8c RESOLUTION NO. 03-2000 RESOLUTION APPROVING AN ADVANCED FUNDING AGREE MENT FOR AN URBAN REHABILITATION PROJECT ON FAIRWAY BLVD. BETWEEN SOUTHWEST PARKWAY AND SEYMOUR HIGHWAY; DETERMINING THAT THE MEETING AT WHICH THIS RESOLUTION WAS PASSED WAS OPEN TO THE PUBLIC AS REQUIRED BY LAW Councilor Altman stepped out of Council Chambers. Councilor Williams returned to Council Chambers. Moved by Councilor Beaty that Resolution No. 03-2000 be passed. Motion seconded by Councilor Shine and carried by the following vote. Ayes: Mayor Yeager, Councilors Williams, Shine, Esther, Burns, and Beaty Nays: None Item 8d RESOLUTION NO. 04-2000 RESOLUTION APPROVING AN ADVANCED FUNDING AGREEMENT FOR AN URBAN REHABILITATION PROJECT ON BARNETT ROAD BETWEEN SOUTHWEST PARKWAY AND SEYMOUR HIGHWAY; FINDING AND DETERMINING THAT THE MEETING AT WHICH THIS RESOLUTION WAS PASSED WAS OPEN TO THE PUBLIC AS REQUIRED BY LAW Moved by Councilor Shine that Resolution No. 04-2000 be passed. Motion seconded by Councilor Burns and carried by the following vote. Ayes: Mayor Yeager, Councilors Williams, Shine, Esther, Burns, and Beaty Nays: None 7 Item 9a Councilor Altman returned to Council Chambers. Council heard the appeal by Cecil Wilkerson on the denial of a taxicab chauffeur's permit. Mr. Robert Powers explained the appeal process and the denial of the taxicab chauffeur's permit. He informed that the Police Department denied Mr. Cecil Wilkerson's application because his application did not pass the guidelines set out in the Vehicles for Hire Ordinance in that he has had four hazardous traffic events within a twelve-month period between January 1998 and December 1998. Also, there was a discrepancy between his application and the Police Department report regarding whether he had ever been convicted of a felony or misdemeanor.P Cecil Wilkerson, 5095 Miriam Lane, stated that he had been driving a cab for five years and he is going to be a safe and courteous driver for the community of Wichita Falls. Councilor Shine asked Mr. Wilkerson if he had received any additional citations since 1998, to which he replied in the negative. Councilor Burns asked Mr. Wilkerson if he had been driving his cab since then. He replied in the negative and added that he had not been driving since October, 1999. Councilor Beaty asked about the City's liability if the appeal was approved. City Attorney replied that it would be minimal or none. This decision is discretionary under the Torts Claims Act and you have immunity from discretionary decisions. Your immunity is imputed to the City as a corporate entity. Mr. Wilkerson was asked if he had a current driver's license and he replied in the affirmative. He was asked if he had a permit for current year 1999. Mr. Wilkerson stated that he did not have a permit for 1999. City Clerk explained the taxi chauffeur process. Councilor Altman suggested amending the taxi chauffeur application form by adding a sentence stating the number of driving citations in the past year. Councilor Altman asked the City Attorney what liability a franchise holder had allowing un-permitted taxi drivers to drive. City Attorney replied that the franchise holder is in violation of his franchise for allowing an unlicensed driver to operate a vehicle for hire on the streets of Wichita Falls without a permit and it also has criminal implications under the Vehicles for Hire Ordinance. Mr. Wilkerson was asked if he has driven for both taxi companies and he replied in the affirmative. Councilor Altman suggested tabling this item for two weeks while staff investigates the 1998-1999 period covered on this, both in regard to Mr. Wilkerson and the companies he operated under to see if there was a permit issued and see if an application was filed. Moved by Councilor Altman that this item be tabled for two weeks pending staff investigation. Motion seconded by Councilor Beaty and carried by the following vote. Ayes: Mayor Yeager, Councilors Williams, Shine, Esther, Altman, Burns, and Beaty Nays: None Mayor requested a report on the number of cabs that were legally licensed and permitted as of January 1, 2000 and those that were not and how many are operating. Claudio Ramirez, Jr., All American Cab Manager, provided information on Mr. Wilkerson's work history with All American Cab. Councilor Altman detailed the situation and the reason for tabling this item. 8 Item 9b Moved by Councilor Burns that the first City Council meeting in July be set for July 5, 2000. Motion seconded by Councilor Beaty. Councilor Shine suggested canceling that meeting. Motion carried by the following vote. Ayes: Mayor Yeager, Councilors Williams, Esther, Altman, Burns, and Beaty Nays: Councilor Shine Councilor Shine requested to be excused from the July 5, 2000 meeting. Item 10a Councilor Shine asked City Manager for an update on this year's projects such as the Fire/Police Training Center. Councilor Beaty commended Dean Runnels for the good job he has done despite the loss of Jim King in Code Enforcement. Councilor Esther asked for the status on the Duncan Street Project. Mr. Bonnett informed that it still has a long way to go because it is a major project. Councilor Esther mentioned that some of the businesses along the Holiday & Broad construction area are under the impression that their property is going to be devalued. They are concerned that when the project is completed the area is going to be dirty and thugs will be hanging around. Mr. Robert Parker informed that one of the sub-contractors will do the landscaping of the project. The sub-contractor has been hired but they are the last ones who will do work on the project. It is very expensive landscaping and it is in the plans. Mayor expressed appreciation to all City employees who worked during the holidays. City Council recessed at 11:15 a.m. and reconvened at 11:40 a.m. Item 10b City Manager provided a project update report. City Manager reported on the widening of Bartley Drive in Stonegate Subdivision. City Manager informed that he reorganized his area and promoted Mrs. Jan Stricklin to Director of Administrative Services. Mrs. Stricklin will be over Personnel, Risk Management, Golf Course, Building Maintenance, and Municipal Court. The City Council adjourned at 12:10 p.m. PASSED AND APPROVED this day of , 2000. 9 THRYN A. Y AGED MAYOR / ATTEST: Lydia Torres City Clerk 1 1 1 NOTICE OF MEETING Regular Meeting Of The Mayor And City Council Of The City Of Wichita Falls, Texas To Be Held In The City Council Chambers Of The Memorial Auditorium On Tuesday, January 4, 2000, Beginning At 8:30 a.m. City Council: Mayor Kay Yeager - Councilors Arthur Bea Williams, Dan Shine, James Esther, William Altman, Johnny Burns, and Bud Beaty 1 . Call to Order. 2. Invocation: Michael Miller, Pastor Wesley United Methodist Church 3. Presentations: Employee Of The Month 4. Comments From The Public To Members Of The City Council On Items That Are Not On The City Council Agenda. (The Regular Agenda will begin upon completion of public comments, or no later than 9:00 a.m. Individuals who prior to this Council meeting signed up to speak, but could not be heard before 9:00 a.m. due to time constraints, may speak at the conclusion of the meeting.) 5. Approval of Minutes CONSENT AGENDA 6. Receive Minutes: a. Wichita Falls-Wichita County Public Health Board — October 22, 1999 b. Board of Electrical Examiners — December 9, 1999 c. Library Advisory Board — December 14, 1999 City Council Agenda Tuesday, January 4, 2000 Page 2 REGULAR AGENDA 7. Ordinances: a. Ordinance Rezoning 3119 Windthorst Road, Block 12, J. M. Blankenship Subdivision From Single Family-1 To General Commercial Zoning And Amending The Land Use Plan. (City Council Bill #1) b. Ordinance Rezoning 2123 Broad Street, Lot 15, Block 8, Sibley Taylor Addition From Single Family-2 To General Commercial Zoning. (City Council Bill #2) c. Ordinance Amending Appendix C Of The Wichita Falls Code Of Ordinances, Zoning Ordinance, By Removing Certain Uses Within The Permitted Uses Category And Placing Them In The Conditional Uses Category. (City Council Bill #3) d. Ordinance Amending Section 5600 And Related Sections Thereof Of Appendix C, Zoning Ordinance, Of The Code Of Ordinances Regarding Mobile Homes And Manufactured Housing, And Repealing Chapter 30 Of The Code Of Ordinances Regarding Trailers And Trailer Parks. (City Council Bill #4) e. Ordinance Designating The United States Post Office, Also Known As The Graham B. Purcell, Jr. Building, Located At 1000 Lamar As A Wichita Falls Landmark. (City Council Bill #5) f. Ordinance Making An Appropriation To The Special Revenue Fund For Additional Grant Revenue Received From The Texas Department Of Health And Authorizing The City Manager To Execute Contract Accepting Same. (City Council Bill #6) g. Ordinance Amending Chapter 27 — Streets And Sidewalks — Of The Code Of Ordinances Relating To Sidewalk Construction. (City Council Bill #7) 8. Resolutions: a. Resolution To Establish A Value For Sidewalk Escrow In Lieu Of Construction. (City Council Bill #8) 8. Resolutions (cont'd): City Council Agenda Tuesday, January 4, 2000 Page 3 b. Resolution Authorizing The City Manager To Submit An Application To The Texas Parks & Wildlife Department For An Outreach Grant And Designating Same As The Responsible Official For Executing Documents. (City Council Bill #9) c. Resolution Approving Advanced Funding Agreement For An Urban Rehabilitation Project On Fairway Blvd. Between Southwest Parkway And Seymour Highway. (City Council Bill #10) d. Resolution Approving An Advanced Funding Agreement For An Urban Rehabilitation Project On Barnett Road Between Southwest Parkway And Seymour Highway. (City Council Bill #11) 9. Other: a. Appeal By Cecil Wilkerson Of Denial Of Taxicab Chauffeur's Permit. b. Motion And Order To Set First City Council Meeting Date In July. 10. Other Council Matters: a. Discussion Of Items Of Concern To Members Of The City Council. b. Staff/Council Discussion. 11 . Adjourn. Wheelchair or handicapped accessibility to the meeting is possible by using the handicapped parking spaces, ramp and elevator located off the east parking lot on Sixth Street entrance. Spanish language interpreters, deaf interpreters, Braille copies or any other special needs will be provided to any person requesting a special service with at least 24 hours notice. Please call the City Clerk's Office at 761-7409. City Council Agenda Tuesday, January 4, 2000 Page 4 CERTIFICATION I certify that the above notice of meeting was posted on the bulletin board at Memorial Auditorium, Wichita Falls, Texas on the day of 20 at o'clock (a.m.)(p.m.). City Clerk